1 2025:CGHC:52748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 750 of 2022 Narayan Prasad @ Narayan, S/o. Devilal Yadaw, Aged About 20 Years, R/o. Village - Dhaurabhatha, Police Station - Hirri, District : Bilaspur, Chhattisgarh ... Appellant versus 1 - Narayan Prasad, S/o. Chandrika Prasad Gond, Aged About 27 Years, R/o. Village - Govaband, Police Station - Balauda, District - Janjgir - Champa (C.G.), (Driver Of The Vehicle Loader No. C.G. 10 DA 3661) 2 - Amit Road Lines Bilaspur, Through - Proprietor Santosh Sannat, S/o. Ishwar Prasad, Aged About - 58 Year, R/o. Narmada Nagar, Bilaspur, Tahsil And District - Bilaspur (C.G.) (Owner Of The Vehicle Loader No. C.G. 10 DA 3661) 3 - The New India Insurance Company Limited, Through Divisional Manager, Division Office - Rama Trade Center, Infront Of Rajiv Plaza, Old Bus Stand Bilaspur, District - Bilaspur (C.G.) (Insurer Of The Vehicle Loader No. C.G. 10 DA 3661) ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.10.30 15:21:18 +0530 2 For Appellant : Mr. Anand Kesharwani, Advocate For Respondent No.3 : Mr. Sourabh Gupta, Advocate on behalf of Mr. Sourabh Sharma, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 29.10.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/ claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 21.04.2022 passed by learned First Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case No.279/2019, as only Rs. 4,93,080/- has been awarded for permanent disability to the extent of 60% sustained by the appellant. 2. Mr. Anand Kesharwani, learned counsel for the appellant/ claimant would submit that the disability of the claimant has wrongly been assessed as 20%, which ought to have been taken as 40% for loss of income; therefore, the amount of compensation be enhanced suitably. 3. Mr. Sourabh Gupta, learned counsel for the insurance company/respondent No.3 would submit that the amount of 3 compensation awarded by the learned Claims Tribunal is just & proper, which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. Learned Claims Tribunal has awarded total compensation of Rs. 4,93,080/- under the different heads taking the disability of the appellant to the extent of 20% for loss of income. However, after going through the records, in the opinion of this Court, disability would be to the extent of 40% for loss of income. Thus, this Court is computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Loss of income Rs. 6,000 x 12 = Rs. 72,000/- per annum. Rs. 8,800 x 12 = Rs. 1,05,600/- per annum. Future prospects @ 40% Rs. 72,000 + 28,800 = Rs. 1,00,800/- Rs. 1,05,600 + 42,240 = Rs. 1,47,840/- Disability @ 20% = Rs. 20,160/- @ 40% = Rs. 59136/- Multiplier of 18 Rs. 20,160 x 18 = Rs. 3,62,880/- Rs. 59,136 x 18 = Rs. 10,64,448/- Pain & suffering Rs. 10,000/- Rs. 50,000/- Traveling, diet & attendant Rs. 30,000/- Rs. 50,000/- 4 For treatment Rs. 65,000/- Rs. 65,000/- For loss of earning Rs. 25,200/- Rs. 25,200/- For loss of amenities Nil Rs. 1,00,000/- For marriage prospects Nil Rs. 1,00,000/- Total Rs. 4,93,080/- Rs. 14,54,648/- 6. In view of the aforesaid analysis, the amount of compensation of Rs. 4,93,080/- awarded by the Claims Tribunal is enhanced to Rs. 14,54,648/-. Hence, after deducting the amount of Rs. 4,93,080/-, the claimant is entitled for an additional amount of Rs. 9,61,568/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 7. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok